John Burroughs The Legality of Threat or Use of Nuclear Weapons
A Guide to the Historic Opinion of the International Court of Justice Foreword by Phon van den Biesen (International Association of Lawyers against Nuclear Arms) Reihe: Recht und Zukunftsverantwortung
Bd. 3, 1997, 184 S., 30.90 EUR, 30.90 CHF, br., ISBN 3-8258-3516-2

"The threat or use of nuclear weapons would generally
be contrary to the rules of international law applicable in
armed conflict, and in particular the principles and rules of humanitarian law ... There
exists an obligation to pursue in good faith and bring to a conclusion
negotiations leading to nuclear disarmament in all its aspects under strict and
effective international control." - Advisory Opinion of
the International Court of Justice, 8 July 1996

"This book shows how courageous states from the
developing
world, working in concert with visionary lawyers, physicians and other sectors
of international civil society, boldly obtained astonishing
results from the highest court in the world. The World Court clearly ruled
that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances.
The Court further underlined the unconditional obligation of
the nuclear weapon states to begin and conclude negotiations on nuclear
disarmament in all its aspects. It is now up to all of us to determine the
follow-up, whatever the opposition. We cannot end this century without
clear commitments and steps to eliminate nuclear
weapons." - Razali Ismail, Permanent Representative of Malaysia to the United Nations,
President of the United Nations General Assembly, 1996-1997

"It is not often that a judicial opinion on a given
question
is both hailed and criticized by participants on all sides of the question.
This book, written by a leading member of the team that helped to
prepare the case on the illegality of the threat and use of nuclear weapons,
explains succinctly what the World Court, and the judges in their separate
statements, did and did not say. In so doing, it makes a compelling case for the
proposition that the Opinion represents a milestone on the road to
nuclear abolition." - Peter Weiss, Co-President,
International Association of Lawyers Against Nuclear Arms

The 20th century has been defined in large part by the unleashing of the
terrible destructive power of the atom, and the subsequent struggle to
overcome the threat of nuclear annihilation. If humankind survives, the 8
July 1996 Advisory Opinion of the International Court of Justice, and the
extraordinary process that led up to it, will have played an essential
role. The (Il)legality of the Threat or Use of Nuclear Weapons is a
concise yet thorough guide to the case. In straightforward language, it
describes the history of this unprecedented initiative and summarizes and
explains states' arguments to the Court, the Court's findings, and the
separate statements of the judges. The author provides cogent expert
analysis and, most importantly, reveals how the opinion imparts hope and
points the way to the future: " The Court has authoritatively
interpreted law which states acknowledge they must follow,
including
humanitarian law protecting civilians from indiscriminate effects of
warfare, the United Nations Charter, and the Nuclear Non-Proliferation
Treaty. The implications are profound: abandonment of
reliance on the
threat and use of nuclear weapons as an instrument of
national policy, and expeditious elimination of nuclear
arsenals. The opinion can be cited as an authoritative statement of the
law in any political or legal setting - including the United Nations and
national courts and parliaments - in which nuclear weapon policies are
challenged."

John Burroughs, an attorney for the Western
States Legal
Foundation in California, served as the legal coordinator
for the World Court Project/International Association of
Lawyers Against Nuclear Arms at the November 1995 hearings
before the International Court of Justice.